The School Admissions (Common Offer Date) (Wales) Regulations 2013

Made: 14 May 2013

Laid before the National Assembly for Wales: 17 May 2013

Coming into force: 8 July 2013

The Welsh Ministers in exercise of their powers in sections 89B(5) and 138A of the School Standards and Framework Act 1998[^f00001] make the following Regulations:

Title, commencement and application

1

• (1) The title of these Regulations is the School Admissions (Common Offer Date) (Wales) Regulations 2013.

• (2) These Regulations come into force on 8 July 2013.

• (3) Regulation 3 applies in relation to a decision made by an admission authority[^f00002] of a maintained secondary school to offer or refuse a child admission to the school for the academic year 2015/2016 and subsequent academic years.

• (4) Regulation 4 applies in relation to a decision made by an admission authority of a maintained primary school to offer or refuse a child admission to the school for the academic year 2018/2019 and subsequent academic years.

Interpretation

2

• (1) In these Regulations—

• "the SSFA 1998" ("DSFfY 1998") means the School Standards and Framework Act 1998;

• "admission year" ("blwyddyn dderbyn") in relation to the admission of pupils to a relevant age group[^f00003] at schools during a particular academic year means that academic year;

• "composite prospectus" ("prosbectws cyfansawdd") means the composite prospectus that a local authority is required to publish under regulation 4 of the School Information (Wales) Regulations 2011[^f00004] containing the information set out in Schedule 2 to those regulations and in the School Admissions Code[^f00005].

• "offer date" ("dyddiad cynnig") means the date prescribed by regulations 3 and 4 when parents receive notice of the place their child has been allocated at a primary or secondary school;

• "offer year" ("blwyddyn gynnig") means the academic year immediately preceding the admission year;

• "School Admissions Code" ("Cod Derbyniadau Ysgol") means any code for school admissions under section 84[^f00006] of the SSFA 1998;

• "working day" ("diwrnod gwaith") means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971[^f00007];

• (2) For the purposes of these Regulations an application is made in the course of a normal admissions round if —

• (a) it is for the admission of a child to a relevant age group; and

• (b) it is not a late application or an in-year application.

• (3) For the purpose of these Regulations an application is a late application if—

• (a) it is for the admission of a child to a relevant age group;

• (b) it is submitted before the first day of the admission year;

• (c) it is submitted after the date set out in the composite prospectus for the receipt of applications for admission to maintained schools; and

• (d) a decision relating to the application is not made by an admission authority on or before the offer date.

• (4) For the purposes of these Regulations an application is an in-year application if—

• (a) it is for the admission of a child to a relevant age group and is submitted on or after the first day of the admission year; or

• (b) it is for the admission of a child to an age group other than a relevant age group.

Day on which decisions in relation to secondary school admissions are to be communicated to parents

3

• (1) The prescribed day in the offer year on which the decision made by an admission authority to offer or refuse a child admission to a secondary school is communicated to the parent is 1 March.

• (2) In any year in which 1 March is not a working day the prescribed day is the next working day.

• (3) Paragraph (1) only applies in relation to a decision made about an application made in the course of a normal admission round.

Day on which decisions in relation to primary school admissions are to be communicated to parents

4

• (1) The prescribed day in the offer year on which the decision made by an admission authority to offer or refuse a child admission to a primary school is communicated to the parent is 16 April.

• (2) In any year in which 16 April is not a working day the prescribed day is the next working day.

• (3) Paragraph (1) only applies in relation to a decision made about an application made in the course of a normal admission round.

Signed

Leighton Andrews — Minister for Education and Skills, one of the Welsh Ministers — 14 May 2013

Explanatory note

(This note is not part of the Order)

These Regulations are made under sections 89B and 138A of the School Standards and Framework Act 1998. They come into force on 8 July 2013 and apply in relation to admission to secondary schools for the academic year 2015/2016 and in relation to admission to primary schools for the academic year 2018/2019 and subsequent academic years (regulation 1).

Regulation 3 prescribes 1 March (or the next working day) as the date on which decisions in relation to secondary school admissions are to be communicated to parents.

Regulation 4 prescribes 16 April (or the next working day) as the date on which decisions in relation to primary school admissions are to be communicated to parents.

No regulatory impact assessment has been carried out for this instrument as it has no significant impact on the costs of business, charities, voluntary bodies or the public sector.

Footnotes

[^f00001]: 1998 c.31. Section 89B was inserted by section 48 of the Education Act 2002 (c.32) and was amended by the Education and Skills Act 2008 (c. 25); section 169 and Schedule 1, paragraph 53 and 59 and S.I. 2010/1158. Section 90ZA provides that in sections 89 to 90 of the SSFA 1998 ''prescribed'' means prescribed by the Welsh Ministers and ''regulations'' means regulations made by the Welsh Ministers. This section was inserted by paragraph 63 of Schedule 1 to the Education and Skills Act 2008. Section 138A was inserted by paragraph 71 of Schedule 1 to the Education and Skills Act 2008.

[^f00002]: An admission authority is defined in section 88(1) of the SSFA 1998.

[^f00003]: See section 142(1) of the SSFA 1998 (c. 31) for the definition of "relevant age group".

[^f00004]: 2011/1944 (W.122).

[^f00005]: The composite prospectus sets out admission arrangements for a local authority area, including the date for the receipt of applications for admission.

[^f00006]: Section 84 was amended by section 40 of, and Part 6 of Schedule 18 to, the Education and Inspections Act 2006 (c.40).

[^f00007]: 1971 c.80.